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Serve your request to change or end a DVRO

After you file your Request and get a court date, you must let the other side know that there is a hearing. You do this by having another adult, not you, deliver a copy of the papers to the other side. This is called serving court papers. The person who delivers the papers is called a server.

How to serve a request to change or end a restraining order

️ Links to court forms open in a new tab.

  • Serve by mail or in person

    Look at form DV-310, item 5, to see if the judge ordered you to have your papers served in person, or if you're allowed to have them served by mail.

    If you're allowed to serve by mail, your server only has to mail a copy of your court papers. Serving someone in person is always allowed and, usually, best.

  • Choose a server

    You can't serve your court papers yourself.

    • Have the sheriff serve 

      If you have an address for the other party, the sheriff can serve for free.

       

      I want the sheriff to serve. How do I do that?
      Complete Request for Sheriff to Serve Court Papers (form SER-001). Give the completed form SER-001, a blank Response to Request to Change or End Restraining Order (form DV-320) and a copy of all your papers that need to be served to the sheriff in the county where the other party can be found. Do this as quickly as possible because it may take the sheriff some time to serve the papers.

    • If you don't want to use the sheriff

      Choose someone that is:

      • 18 years old or over, and 
      • Not involved in this court case. 

       

      Your server can be someone you know or a professional process server you hire. Give your server a copy of all the court forms you need to serve on the other party, together with a blank Response to Request to Change or End Restraining Order (form DV-320).

       

      Think about your server's safety. 

      If you have any concerns, consider using the sheriff. 

    What if your server can't serve your papers?

    • You can ask to reschedule your court date using form DV-315. This gives you more time to serve the other side.
    • If the judge ordered you to serve in person and you think the other side is avoiding (evading) being served, you can also ask the judge for permission to have the papers served a different way.
      • The judge may allow this if the sheriff or your server tried to serve the papers in person at least 3 times. The sheriff's Declaration of Due Diligence, or your server's notes about when and where they tried and what happened, will help show this.
      • You will also have to explain why you think the other side is avoiding being served.
      • You will usually need to reschedule your court date too.
    • If you can't find the other side, ask your court's self-help center ️ (link opens in a new tab) for help.

  • Have your server complete a proof of service

    A form called "proof of service" must be filed with the court to show that the restrained person was served.

    • sheriff

      The sheriff will complete a proof of service form for you. Ask the sheriff if they will file the form with the court. If they will not, you will need to take it to the court to file.

    • Not the sheriff

      If your server is someone you know or a process server, give your server one of these forms:

      • Form DV-200 if your court papers are going to be served in person, or
      • Form DV-250 if your court papers are going to be served by mail.

  • File the proof of service form

    1. Make a copy of the completed proof of service form.
    2. Take it to the courthouse to file with the court clerk.
      • The clerk will keep the original and return the copy to you.
    3. Keep the copy of the proof of service with your restraining order. 
    Then you won't need to file the proof of service. Make sure the sheriff gives you a copy or you can get one from the court clerk. Keep the copy of the proof of service with your restraining order.

Attend your court hearing

Once you’ve served your request, learn what to expect on your court date and how to prepare.

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